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rated:
Hello. I rented a condo from a guy but never agreed to the HOA terms. They towed my backip vehicle because it wasnt registered. This is in Las Vegas, NV.

It was in my assigned covered larking and not disturbing anyone. In fact, she was recently washed and pretty.

My question to you is do I have to pay the $450 to get my vehicle back? I am accruing $40/day in storage, apparently
This is without notice of any kind. Not only dis I not agree to the HOA but it seems that they haven't accurately or thoroughly followed the law. Should I lay the sum and take the landlord and/or HOA and/or tow company to court? Should I file a complaint for unlawful towing (hearing within 4 biz days of filing)? What do you think? Thanks.


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Is the vehicle properly registered? That is what is unclear to me. If it's not registered I think OP did get their war... (more)

Tiggerlgh (Feb. 05, 2017 @ 10:21p) |

It has a temporary permit on it issued by the state of NV, obtained the day after it was towed.  The plates have always ... (more)

WeGoDown2gether (Feb. 05, 2017 @ 11:00p) |

It was never driven illegally.  Please stop assuming I've broken the law.

WeGoDown2gether (Feb. 05, 2017 @ 11:07p) |

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rated:
The property is bound by the HOA rules, and the HOA rules can say pretty much whatever they want. If you don't pay, they'll charge your landlord and eventually put a lien on the condo, which I imagine will be a fast track path to get you evicted.

rated:
Your spelling is very bad you know. But I will still answer it.

My question to you is do I have to pay the $450 to get my vehicle back?
If you want the car back.

I am accruing $40/day in storage, apparently
Well now it's $490

This is without notice of any kind. Not only dis I not agree to the HOA but it seems that they haven't accurately or thoroughly followed the law.
If you signed a rental agreement with your landlord, most likely you signed that you agreed to the HOA terms. So you might be the one who isn't following the rules (Rules Not Law on private property towing)

Should I lay the sum and take the landlord and/or HOA and/or tow company to court?
Pay the sum, read your documents before you lose the filing fee. Most likely if you didn't sign anything with the landlord, he's the one you take to court.

Should I file a complaint for unlawful towing (hearing within 4 biz days of filing)?
No, because technically you or your landlord is in the wrong, not the HOA. And I'm sure the police will love that you are filing a complaint about an 'unregistered' vehicle.

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The trouble, I imagine, is that if you don't have a contract with the HOA, you probably don't have permission to park any vehicles anywhere at all.

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I'm sorry. I fixed the typos. It's too bad that you can't take my word for it that I didn't sign the HOA addendum. I'm also sorry that you think I would be reporting this matter to the police for any reason. In addition, I'm sorry that you assumed I would have to pay a filing fee to sue then in small claims. And the other guy, I'm sorry that you assumed the landlord could evict me for not following rules that don't bind me...

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I was given two parking stickers.  Placed one on my regular car and one for the now towed car which I only used to store belongings in (SUV).  It was properly parked in assigned/covered parking.  Notice was a hard to remove bright sticker on drivers window back in Nov. but nothing since.  This was towed feb. 2017.

rated:
Sorry, to clarify:  A complaint for unlawful towing is a court thing... A judge can make a ruling and hearings are w/in 4 biz days of filing... Sorry/thanks.


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WeGoDown2gether said:   I was given two parking stickers.  Placed one on my regular car and one for the now towed car which I only used to store belongings in (SUV).  It was properly parked in assigned/covered parking.  Notice was a hard to remove bright sticker on drivers window back in Nov. but nothing since.  This was towed feb. 2017.

Are you saying that they put a notice on the car in November.?

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Forbin4040, I have a little extra $ right now and this is Vegas so unless somebody talks me out of it, I am filing the aforementioned complaint and will let everyone know what happens. I should get a hearing on or before 02/09/17...

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jerosen said:   
WeGoDown2gether said:   I was given two parking stickers.  Placed one on my regular car and one for the now towed car which I only used to store belongings in (SUV).  It was properly parked in assigned/covered parking.  Notice was a hard to remove bright sticker on drivers window back in Nov. but nothing since.  This was towed feb. 2017.

Are you saying that they put a notice on the car in November.?

  

Yes.  Thank you for your question/response.  However, I complied with their notice and removed it and filled up the gas tank and washed her and used her quite a bit between the notice and the time she was towed/stolen from me.  No notice given before the tow.


rated:
WeGoDown2gether said:   Forbin4040, I have a little extra $ right now and this is Vegas so unless somebody talks me out of it, I am filing the aforementioned complaint and will let everyone know what happens. I should get a hearing on or before 02/09/17...
 

  

hold your breath, ok? 

 

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EXCUSE ME?  The complaint form states that RIGHT ON THE FORM and even quotes some law reference material.  Please stop assuming things.

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Mickie3 said:   
WeGoDown2gether said:   Forbin4040, I have a little extra $ right now and this is Vegas so unless somebody talks me out of it, I am filing the aforementioned complaint and will let everyone know what happens. I should get a hearing on or before 02/09/17...
  

hold your breath, ok? 

 

 EXCUSE ME?  The complaint form states that RIGHT ON THE FORM and even quotes some law reference material.  Please stop assuming things.
EXCUSE ME?  The complaint form states that RIGHT ON THE FORM and even quotes some law reference material.  Please stop assuming things.


rated:
WeGoDown2gether said:   Yes.  Thank you for your question/response.  However, I complied with their notice and removed it and filled up the gas tank and washed her and used her quite a bit between the notice and the time she was towed/stolen from me.  No notice given before the tow.

What did that notice say exactly?

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"Parking Violation, resolve within 48 hours or be towed".

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jerosen said:   
WeGoDown2gether said:   Yes.  Thank you for your question/response.  However, I complied with their notice and removed it and filled up the gas tank and washed her and used her quite a bit between the notice and the time she was towed/stolen from me.  No notice given before the tow.

What did that notice say exactly?



"Parking Violation, resolve within 48 hours or be subject to towing".         Thanks for not being rude and assuming anything like the others have.
 


rated:
Here's the filing fee for Henderson NV, as I don't know where you are then I can't pinpoint how much you pay.
http://www.clarkcountynv.gov/justicecourt/henderson/Documents/Fe...
$74 in Henderson NV.

Ok, no fee for hardship lawsuits? That's a new one on me. You got me with your 'years' in law school but no money to file but enough to earn an apt with two cars. (And presumably pass a lease check).

Either that or it's time to get out the brooms.

rated:
No, I am not in Henderson as stated in the original post.  Please do not respond any further to my original question.  I am looking for OTHER people's advice, not yours.


rated:
forbin4040 said:   Here's the filing fee for Henderson NV, as I don't know where you are then I can't pinpoint how much you 

 


No, I am not in Henderson as stated in the original post.  Please do not respond any further to my original question.  I am looking for OTHER people's advice, not yours.

rated:
Sounds like you already made your mind up and don't want to hear what anyone says. So why post?

rated:
bc3000 said:   Sounds like you already made your mind up and don't want to hear what anyone says. So why post?
  
No, I haven't "made up my mind" yet.  However, forbin4040 was raging idiotically on me here/assuming things left and right and I give up now.  Came to the stupidest possible website to post the question, obviously.  Keep fostering those trolls FW, they'll grow up into nice defendants someday!!  

rated:
What are all these ... posts about?

rated:
Please play nice.

rated:
Neilium said:   Please play nice.
  You must be new here.

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WeGoDown2gether said:   Yes.  Thank you for your question/response.  However, I complied with their notice and removed it and filled up the gas tank and washed her and used her quite a bit between the notice and the time she was towed/stolen from me.  No notice given before the tow.
You stated elsewhere, "They towed my backip vehicle because it wasnt registered."

So are you saying that you complied by getting it registered?  I'm unclear as to why they towed it and whether you resolved the issue that led to it getting towed.

rated:
Is it a problem to have an unregistered car in your own assigned parking space? As long as it doesn't have flat tires or broken glass they shouldn't have an issue, but then again I haven't lived in a HOA controlled property for over 20 years.

rated:
atikovi said:   Is it a problem to have an unregistered car in your own assigned parking space? As long as it doesn't have flat tires or broken glass they shouldn't have an issue, but then again I haven't lived in a HOA controlled property for over 20 years.

If it's says in the HOA rules, that the vehicles in their lot must have current registration then you got to follow the rule. If the unit owner didn't inform the tenant of the rule then the HOA is not responsible. They can't be expected to babysit all the tenants in the complex. OP mentioning moving his vehicle every few days, washing it etc doesn't matter if the obvious thing such as the current tags are missing. The HOA doesn't want their lot to be dumping ground for old school bus or van to be used as storage.

rated:
ach1199 said:   
atikovi said:   Is it a problem to have an unregistered car in your own assigned parking space? As long as it doesn't have flat tires or broken glass they shouldn't have an issue, but then again I haven't lived in a HOA controlled property for over 20 years.

If it's says in the HOA rules, that the vehicles in their lot must have current registration then you got to follow the rule. If the unit owner didn't inform the tenant of the rule then the HOA is not responsible. They can't be expected to babysit all the tenants in the complex. OP mentioning moving his vehicle every few days, washing it etc doesn't matter if the obvious thing such as the current tags are missing. The HOA doesn't want their lot to be dumping ground for old school bus or van to be used as storage.

  right, but HOA might need to follow a process before towing.  OP needs a copy of HOA rules for correct procedure.  if all that's necessary is that blue sticker, then he can say one was not put on his vehicle (or at least it got removed by some punk before OP could notice it).  

probably stupid of HOA to tow a vehicle without first sending a certified letter to condo owner/tenant.

rated:
Op, what answer would you like to hear?

rated:
Is the vehicle properly registered? That is what is unclear to me. If it's not registered I think OP did get their warning and didn't register the vehicle so it got towed. It's pretty common to require vehicles to be registered. Also if this is the case OP was lucky they weren't caught when they were driving it.

OP if this is the case, I would pay to get it released and get it properly registered ASAP.

rated:
It has a temporary permit on it issued by the state of NV, obtained the day after it was towed.  The plates have always been out-of-state, so I don't know how they verified registration or not....  I went over and talked to the lot of tow truck drivers and, let me tell you, they are all high school drop outs.  I'm sure there are smart tow drivers out there, but these are not them.  Anyhow, I had a parking permit sticker issued by my landlord properly affixed to the vehicle like everyone else.  This is a private corporation (HOA) attempting to operate a mini-government here.  Which is fine, that is normally how an HOA operates.  HOWEVER, they need some sort of contractual authority to do so.  To operate without is akin to violating a private or city code while just outside of the cities border, which is totally unlawful.

To use a more extreme example, it is similar to someone taking your property or cash without police (criminal) recourse and them suggesting that you signed their contract despite the fact that you never did.  HOA contracts are different than governments laws.  Government has the right to enforce all laws on all of its citizens and the citizens cannot do anything about it.  However, when you have a private HOA, they somehow have to get you to move into a unit that was previously bound by their by-laws and covenants.  In addition, you must be notified of such by-laws and informed that you are bound by them.  In my case, the owner (landlord) is fully bound by them.  However, if he failed to bind me to them (via contract), then I am not bound to them the way I am bound to state statutes.  Does that make sense?  So, in answering my own question, the landlord is potentially liable for my breaches of the HOA by-laws merely by the fact that he failed to bind me to them.  This will NOT make the landlord happy.

Because the forbin4040 guy REALLY pissed me off on here, I am considering not actually reporting my court results this week.  He was nasty, mean, incorrectly assumed things constantly, and was consistently just plain wrong.  I will resolve this this week, even if it takes a $500 loan from my father, a small claims court filing against the HOA (which has ignored my demand letter) AND the landlord (which has oddly enough refused to return my communications regarding the matter).  I would have taken this option to begin with, without invoking aforementioned troll, by these steps I've mentioned and those I plan to take.  However, it appears that the landlord will ultimately be liable to the HOA and I was hoping somebody here could give me some practical, non-legal advice which could avoid such a position altogether (as I will have to suffer his unhappiness and potential anger for the next 6+ months).

Thanks for everyone that did not troll me and, for the record, forbin4040 was incorrect in every single thing that he wrote except for the "well now it's $490" comment.  However, even that can be negotiated via citing statutes and threats that they are liable for anything that may happen while they have possession of the vehicle...

Thanks to everyone else for being friendly and patient, and yes, legal professionals sometimes need "street" experienced people for non-legal advice...

WeGoDown2gether

rated:
Tiggerlgh said:   Is the vehicle properly registered? That is what is unclear to me. If it's not registered I think OP did get their warning and didn't register the vehicle so it got towed. It's pretty common to require vehicles to be registered. Also if this is the case OP was lucky they weren't caught when they were driving it.

OP if this is the case, I would pay to get it released and get it properly registered ASAP.

  It was never driven illegally.  Please stop assuming I've broken the law.



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